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Lasting Power of Attorney (LPA)
A Lasting Power of Attorney (LPA) gives your attorney authority to act for you should you lose mental capacity in the future, for example through illness or accident. In the case of financial decisions, it can also be used to appoint someone to make decisions on your behalf and/or act on your behalf while you have capacity and with your permission, for convenience.
If someone has been appointed as an attorney under an LPA, they will be able to look after most things that are normally associated with running your day-to-day life. There are two types of LPA: one for financial decisions, known as Property and Financial Affairs Lasting Power of Attorney); and one for health and personal care decisions, known as Health and Welfare Lasting Power of Attorney.
Using an LPA enables people who are no longer able to do so themselves to retain control over their affairs by appointing someone else who will act in their best interests when required. If you do not have an LPA for finance, decisions regarding your assets would be made by the Court of Protection, or someone will need to go through the lengthy and expensive process of having themselves appointed by the Court of Protection as a Deputy to manage your finances. Similarly, if you do not have an LPA for health, welfare and care, any decisions about your healthcare or where you live will be made by doctors or the Council which may not coincide with your wishes or those of your family.
Ordinary Power of Attorney
An Ordinary Power of Attorney is used for a specific time period or for a specific event or purpose. The power of attorney ends when the specified time period ends, and it can be cancelled by the person who made it at any time before that happens. An Ordinary Power of Attorney will also terminate if the specified event or purpose is completed, unless there is another agreement between you and your attorney to continue with another related matter. An Ordinary Power of Attorney ends automatically if you lose the mental capacity to make decisions personally and is not an adequate substitute for a Lasting Power of Attorney. An Ordinary Power of Attorney can be useful in certain circumstances, for example, if you are abroad for an extended period.
Our Power of Attorney solicitors are some of the best in the business, and can support you in all aspects of your situation; from how to choose a Power of Attorney to drawing up the legal paperwork or making amendments down the line if your wishes change. At Healys we are here to help you achieve peace of mind for both you and your family.